State paid ‘compensation for victims of overseas terrorism – South Australia & Australia

Michael O’ConnellCommissioner for Victims’ Rights

TOT Victimology & Victim AssistanceLPSK 18-28 Maret 2013

Compensating Victims of Terrorism – South Australia

• Victims of Crime Act 2001Provides for ‘statutory compensation’ for certain victims of crime:Direct victims of violent crime;Immediate family of victims of violent crime;‘Good Samaritans’ – persons injured helping a victim

during the immediate aftermath of the crime.

Grief Payments (Spouses and parents of children (under 18 years) in homicide cases) - $A10,000Funeral expenses in homicide cases – Maximum $A7,000

Compensating Victims of Terrorism (in other places) – South Australia

• Victims of Crime Act 2001, section 27(d) an ex gratia payment (not exceeding the limits prescribed by this Act in relation to an order for compensation) to a person in the following circumstances:(i) the person suffers injury, financial loss or grief in

consequence of an offence committed outside this State;(ii) the victim is at the time of the commission of the offence

ordinarily resident in this State;(iii) some person is convicted of the offence;

Compensating Victims of Terrorism (in other places) – South Australia

(iv) if the law of the place where the offence is committed establishes a right to compensation—the claimant has taken reasonable steps to obtain compensation under that law but without success;

(v) the claimant would, in the Attorney-General's opinion, probably have been awarded statutory compensation if the offence had been committed in this State;

(vi) the claimant is, in the Attorney-General's opinion, in necessitous

• (e) such other ex gratia payments (not exceeding, in any particular case, the limits prescribed by this Act in relation to an order for compensation) as the Attorney-General considers necessary, and consistent with the objects and policy of this Act, to compensate harm resulting from criminal conduct or conduct of the kind described above

Compensating Victims of Terrorism (in other places) – South Australia

• Paid from the Victims of Crime Fund:Maximum $50,000 (Australia)

• The Fund comprises:Money paid as Victims of Crime Levy (Offenders)Money paid from Consolidated Revenue (Tax-payers)A proportion (20 per cent) of money paid as fines into Consolidated RevenueMoney recovered from the offender (convicted in court) after the state has paid compensation to the offender’s victimMoney confiscated from some criminals (for example drug dealers) and money from selling criminals’ assets (including selling traffic offenders’ confiscated motor-vehicles)

Compensating Victims of Terrorism – South Australia

Compensating Victims of Terrorism (overseas) – Australia

• Australia Parliament has passed law to provide for ‘compensation’ for Australian citizens who are victims of a terrorist incident overseas. Government says the payment will be made to acknowledge the harm done.

• Maximum payable to direct victim $75,000• Maximum payable to ‘immediate family’ $75,000 (but (proposed

to be) shared among family members)

• Prime Minister must declare an incident as a terrorist incident.• Minister for Families and Communities has discretion to make

payments that are assessed using a ‘Maims Table’ (that is a table that lists the injuries and states the sum that is payable).